HomeMy WebLinkAboutRes OB-058 (2)Contract No. R29410A
OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY
REQUEST:
SUBMITTED BY:
ARCHITECT:
DATE:
CONTENTS:
Recommendation
STAFF REPORT
APPROVE ADDITIONAL SERVICES IN AN AMOUNT NOT TO
EXCEED $40,926.93 (ADDITIONAL SERVICES NO. 4) TO
CONTRACT NO. R29410A WITH INTERACTIVE DESIGN
CORPORATION FOR PROFESSIONAL ARCHITECTURAL
SERVICES FOR THE CARLOS ORTEGA VILLAS PROJECT
Martin Alvarez, Director of Economic Developm en Ihe—Tka_p o.1
Y OVERSIGHT BOARD P'474
ON I O —1 — at5) (3
VERIFIED B
Original on file with City Clerk's Office
Interactive Design Corporation
199 S. Civic Drive, Suite 10
Palm Springs, CA 92262
October 7, 2013
Additional Services Proposal from Interactive Design Corporation
Agreement Sections 3.8 and 3.10.2
Additional Services Request
Waive further reading and adopt Resolution No. OB- 058 , approving
Additional Services No. 4 to the subject contract with Interactive Design
Corporation for the Carlos Ortega Villas Project.
1. Authorize Additional Service No. 4 in an amount not to exceed $40,926.93
to Interactive Design Corporation (Contract No. R29410A) for Professional
Architectural Services;
2. Authorize the Director of Finance to transfer funding from contingency to
base in the amount of $40,926.93 upon approval in accordance with the
requirements of ABx1 26; and
3. Authorize the Chairman to execute the finalized Agreement as approved
by Successor Agency Counsel.
Funds are available in the Capital Budget for the Carlos Ortega Villas, Account
No. 703-8691-466-4001, ROPS line 157.
Staff Report RES. NO. OB - 058
Additional Services No. 4 with IDC for the Carlos Ortega Villas - Contract No. R29410A
October 7, 2013
Page 2 of 3
Background
On September 10, 2013, this item was presented to the Oversight Board of the Successor
Agency to the Palm Desert Redevelopment Agency (Oversight Board). After consideration
of the item, a motion to approve failed due to a lack of the majority of the present Board
members voting in the affirmative. This item is before you once again for consideration.
On April 8, 2010, the Palm Desert Redevelopment Agency Board ("Agency Board")
authorized the Executive Director to negotiate and finalize a Professional Services
Agreement with Interactive Design Corporation (IDC) for architectural services for the
Carlos Ortega Villas in an amount not to exceed $734,450 along with reimbursable
expenses in an amount not to exceed $36,722. With the action, the Agency Board also
authorized the establishment of a contingency in an amount not to exceed $75,000. Use of
the contingency requires additional approval from the Oversight Board.
The project entitlement process was completed and the project design approved by the
Successor Agency/Housing Authority on March 22, 2012. Interactive Design is nearing
completion of the construction documents and intends to submit for plan check in December
2013.
The scope of the Additional Services Request is outlined below and in further detail in the
attached Additional Services Request from IDC:
# Description Cost
1 FAA and Riverside County Airport Land Use Commission $2,450.00
2 Palm Desert Country Club Villas drive access $9,953.25
3 Evaluation of existing perimeter walls $7,148.00
4 Storm water drainage between buildings $10,745.50
5 Property ownership/final map $0
6 AB 1484, Elimination of Redevelopment Agencies $10,630.18
Total $40,926.93
The design contract for the Carlos Ortega Villas includes use of innovative design
techniques and technology to achieve a Net Zero energy useage. The design has
incorporated the use of passive design standards and renewable energy technology to
generate energy equal to energy used over the course of a year. All buildings have photo-
voltaic panels installed on the south facing roof elevations and the buildings incorporate
design principles that minimize window exposures to the west, maximize natural light from
the south, overhangs on windows for shading and high efficiency appliances in all units.
The design of the project has encountered challenges that have contributed to additional
project design costs. Some of the issues encountered in the design include having to
secure approval from the Riverside County Land Use Commission, which has oversight
over projects with close proximity to airports (i.e. Bermuda Dunes Airport). In addition,
being an in -fill project additional design challenges have been encountered to ensure the
project's existing walls are safe and usable. Additional time and design was also required
to design and negotiate a mutual access between the Palm Desert Country Club Villas
G kdalMartm Alvarez12013\OSB\OB SR-COV Add Svc 410-7-13 doc
Staff Report RES. NO. OB - 058
Additional Services No. 4 with IDC for the Carlos Ortega Villas - Contract No. R29410A
October 7, 2013
Page 3of3
project to the west. The design services provided by Interactive Design also include
additional unique drainage designs to meet current state and county requirements, including
the retention of all storm drainage on site via the use of underground drainage storage
systems.
The project incorporates a new design of the circulation pattern to address the needs of this
project and the safety of the existing neighborhood known has Palm Desert County Club. A
new traffic circle is designed at the intersections of Avenue of the States, California Drive
and Michigan Drive.
Staff has reviewed the Request for Additional Services with Successor Agency legal
counsel who has stated that the original contract agreement sections 3.8 and 3.10.2
(attached) allow for additional services to be approved without an amendment to the
contract. Therefore, staff recommends approval of the Additional Services Request with
Interactive Design Corporation in the amount not to exceed $40,926.93 (Contract No.
R29410A) and that the Oversight Board authorizes staff to forward Additional Service No. 4
to the Successor Agency/Housing Authority Boards for ratification.
Fiscal Analysis
The fiscal impact to the Successor Agency/Housing Authority involves transferring an
amount not to exceed $40,926.93 from contingency to the base contract, leaving
$1,273.07 in contingency. The total contract amount (including contingency) is listed on the
Recognized Obligation Payment Schedule (ROPS) under Project Area 4, line 157; this
request will not require an adjustment to the total obligation.
Submitted
artin Alvarez
Director of Economic Development
Revie
Paulson, Director of Finance
Ap
M. Wohlmuth, Executive Director
t Moore, Director of Housing
G Vda\Martin Alvarez\2013\OSB\OB SR-COV Add Svc 410-7-13 doc
RESOLUTION NO. OB - 058
A RESOLUTION OF THE OVERSIGHT BOARD OF DIRECTORS FOR
THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN TO
EXECUTE THE FINALIZED AGREEMENT FOR ADDITIONAL
SERVICE NO. 4 IN THE AMOUNT NOT TO EXCEED $40,926.93 TO
CONTRACT NO. R29410A WITH INTERACTIVE DESIGN
CORPORATION FOR DESIGN SERVICES FOR THE CARLOS
ORTEGA VILLAS PROJECT AN OBLIGATION LISTED ON THE
RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS)
RECITALS:
A. Pursuant to Health and Safety Code Section 34179(3), all actions taken by
the Oversight Board for Successor Agency to the Palm Desert Redevelopment Agency
(Oversight Board) shall be adopted by resolution.
There has been presented to this Oversight Board for approval for Additional
Service No. 4 to Contract No. R29410A for design services associated with the Carlos
Ortega Villas project including:
1. Authorizing Additional Service No. 4 in an amount not to exceed
$40,926.93 to Interactive Design Corporation (Contract No.
R29410A) for Professional Architectural Services;
2. Authorizing the Director of Finance to transfer funding from
contingency to base in the amount of $40,926.93 upon approval in
accordance with the requirements of ABx1 26; and
3. Authorizing the Chairman to execute the finalized Agreement as
approved by Successor Agency Counsel.
An obligation listed on the Recognized Obligation Payment Schedule (ROPS).
NOW, THEREFORE, THE OVERSIGHT BOARD FOR THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, HEREBY FINDS,
DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part
of this Resolution.
Section 2. The Oversight Board hereby adopts Resolution No. OB - 058 for
Additional Service No. 4 to Contract No. R29410A for design services associated with
the Carlos Ortega Villas project an obligation listed on the Recognized Obligation
Payment Schedule (ROPS).
1
RES. NO. OB - 058
Section 3. The staff of the Successor Agency is hereby directed to provide the
State Department of Finance ("DOF") written notice and information regarding the action
taken by the Oversight Board in Section 2 of this Resolution. Such notice and
information shall be provided by electronic means and in a manner of DOF's choosing.
Section 4. The officers of the Oversight Board and staff of the Successor
Agency are hereby authorized and directed, jointly and severally, to do any and all
things which they may deem necessary or advisable to effectuate this Resolution.
PASSED, APPROVED AND ADOPTED this day of , 2013.
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, CHAIR
ATTEST:
RACHELL D. KLASSEN, SECRETARY
OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY
TO THE PALM DESERT REDEVELOPMENT AGENCY
2
RESOLUTION NO. OB - 058
EXHIBIT A
OVERSIGNT BOARD OF THE SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY
SUMMARY OF ADDITIONAL SERVICES NO. 4
# Description Cost
1 FAA and Riverside County Airport Land Use Commission $2,450.00
2 Palm Desert Country Club Villas drive access $9,953.25
3 Evaluation of existing perimeter walls $7,148.00
4 Storm water drainage between buildings $10,745.50
5 Property ownership/final map $0
6 AB 1484, Elimination of Redevelopment Agencies $10,630.18
Total $40,926.93
3
��DI N T E RAC T I V E DESIGN CORPORATION
July 22, 2013 (revised August 27, 2013)
Martin Alvarez, Director of Economic Development
Heather Buck, Project Coordinator
City of Palm Desert
RE: Carlos Ortega Villas
Dear Martin/Heather:
Based upon our recent conversations regarding the status of Carlos Ortega Villas and various
scope changes and outside circumstances that have unfolded during the past 24 months, we have
prepared an outline of the specific changes which we believe are additional services.
The issues include:
1. FAA and Riverside County Airport Land Use Commission
2. Palm Desert Country Club Villas drive access
3. Evaluation of existing perimeter walls
4. Storm water drainage between buildings
5. Property ownership/final map
6. AB 1484, elimination of Redevelopment Agencies
7. Extended project timeline
Below are the descriptions of each task, and the compensation we request based upon a review
of task -specific timecard entries. Let's set up a meeting to discuss these issues as well as your
request to incorporate allowances (FF&E and site) in the contract for construction.
1. FAA and Riverside County Airport Land Use Commission, Bermuda Dunes Airport,
requirements: The project team became aware of new requirements for review by the
Riverside County Airport Land Use Commission after the Project had been approved by
Architectural Review Committee and was scheduled for Planning Commission meeting.
The review by the ALUC required research of regulations relevant to the Project,
preparation of graphic exhibits for the application, coordination and meetings with city
Staff. (Dec 201 1 — Jan 2012, Jun 2013) $2,450.00
2. Palm Desert Country Club Villas: Negotiations between the City and the adjacent
condominium owner's association over improvements to the existing driveway and
disruption/access during construction generated a revision to the site plan essentially
shifting the easterly property line three feet eastward, and revising the site and
engineering plans. This work started in May 2012 and completed July 2012, though
miscellaneous questions still pop up. (1DC:$7,603.25; MSA: $2,350) $9,953.25
3. Evaluation of existing perimeter walls: The Project is a composite of several parcels and
each parcel is bounded by different property line walls. Alf existing walls are on adjacent
property, not on Client's property. At the outset of the project, based upon the existing
conditions survey, the approach was to construct new walls on the inboard (Client's
1008.6 Time and Compensation Augment 1 23 July 2013
■ N■
▪ INTERACTIVEE DESIGN CORPORATION
property) side of the property line. Proceeding into design development, it became
apparent that constructing new walls had specific adjacency complications that would
affect the cost and construction process; the appropriate solution differed from one area
to another.
Therefore, the Client requested a thorough evaluation of each condition, and
presentation of alternatives - whether the walls should be left as is, removed and replaced
or a new wall added inboard on RDA property. The options for each length of wall
(totaling 1500 linear feet) required the evaluation of adjacent grades, structural and visual
conditions, non -conforming "add-ons" on the adjacent property, and the overall
consequences of each option.
This effort began in January 2012 and continued for four months including exhibits
prepared by IDC Oan '12) and MSA (May '12) though discussions related to the walls
continue today. (IDC: $4,798; MSA: $2,350) $7,148.00
4. Storm water drainage between buildings: From the outset of the project, the
drainage/stormwater approach had been to collect water and store/percolate it as close
to source as possible, a sustainable design principle espoused by USGBC, AIA and
GreenBuild. For the courtyards between buildings the design team proposed a system
that was based upon collecting/directing storm water to below -grade perforated pipe (a
French drain or leach field approach) that for mild storms would allow percolation within
the courtyard itself, and for heavy storms would take the sudden rush into the larger
retention "burritos" in the nearest parking area. The system included roof gutters and
water leaders for roof runoff and area drains for surface water all to be collected into the
perforated pipes running below and adjacent to sidewalks.
This system was reviewed and discussed in meetings between the city staff and the
project design team on several occasions during the preliminary design phase and prior to
PC and ARC approval. The city staff approved of the system preliminary design in
September 201 I, and the project design team proceeded to design development and
construction documents under that approval.
In October 2012, an in-house city staff review by an individual not part of the earlier
overall drainage/stormwater discussions questioned the design, and a ruling was made that
the system was not acceptable. During the months of November and December 2012
the project design team (IDC, MSA and RGA) worked to provide alternatives. Additional
meetings and re -design documents were required to modify the design (Dec 2012 — Feb
2013) (IDC: $4,745.50; MSA: $3,250; RGA: $2,750) $10,745.55
5. Property ownership/final map: The preparation of the final parcel map has been altered
several times due to the change in ownership (RDA — SARDA), due to the availability and
timing of funds for utility undergrounding which influences when various easements are to
be recorded, and due to the consolidation of the fire station and Casey parcels.
We do not have task -specific time card entries for this work. $0
1008.6 Time and Compensation Augment 2 • 23 July 2013
■ a■
▪ INTERACTIVEV E DESIGN CORPORATION
6. AB 1484, elimination of Redevelopment Agencies: From the time Governor Brown
introduced his State budget (Jan 2011) calling for the elimination of RDA's the
administration and scheduling of the Project was affected. Uncertainty about how and
when the Project could be funded, how to proceed with design work that would enable
progress to be made, and what changes might be required to the project based upon
different outcomes of the Oversite Committee review all involved work, meetings and
research that could not have been anticipated. Questions from the city staff to the design
team are a continual thread starting essentially in early 201 1, and continue even to today.
Extended project time: The original contract was based upon a schedule and milestones
that have been exceeded by 22 months. In the original contract, "Owner review of Final
Working Drawings and Specifications; 80% Construction Documents" was to be
completed within 16 months (Aug 201 1.) Each of the above scope changes contributed to
adjusting and drawing out the execution of the services.
Compensation for RDA -specific discussions and work, as well as slippage in the schedule
cannot be precisely determined. However, the administrative burden for projects that
are vastly extended is undeniable. To determine reasonable compensation for the
extension, we propose that we use a common administrative cost ratio (5%). Using this
approach the overall administrative budget for the project is 5% x $734,450 = $36,722.5;
divided by the original project term (38 months) yields a per month cost of $966.38.
The project to date has exceeded the original time line by 22 months (original completion
of 80% review by Client on 08AUG201 I). We believe it is reasonable to attribute I 1
months of that extension to the above specific tasks (1 — 5), and approximately 1 I months
due to the city's grappling with the uncertainties due to AB 1484. Based upon the
administrative burden over I I months, we request an additional $10,630.18 in
compensation. (IDC: $966.38 x I I) $10,630.18
The next deadline that has real consequences, notwithstanding the Oversite Committee's ruling
regarding funding the project, is submittal for plan check. This must be done prior to the end of
December 2013, otherwise the project will be reviewed under CBC 2013 not CBC 2012 which
was in effect during the design and preparation of documents. Both in terms of the original
contract time -allotted and our ability to do the tasks, the work to complete the 100% documents
should start by Oct 15, 2013 allowing two months for completion and plan review submittal.
We believe now that we are at the completion of the most recent milestone (Owner review of
80% documents) an adjustment to the original contract is warranted.
We look forward to discussing this further and getting on which the final phase of document
preparation.
Your ly,
R ue sung,
1008.6 Time and Compensation Augment 3 August 27, 2013
3.7 Schedule of Services.
3.7.1 Timely Performance Standard. Architect shall perform all Services
hereunder as expeditiously as Is consistent with professional skill and care, as well as the
orderly progress of the Project work so as not to be the cause, in whole or In part, of delays In
the completion of the Project or in the achievement of any Project milestones, as provided
herein. Specifically, Architect shall perform its Services so as to allow for the full and adequate
completion of the Project within the time required by the Agency and within any completion
schedules adopted for the Project. Architect agrees to coordinate with Agency's staff,
contractors and consultants in the performance of the Services, and shall be available to
Agency's staff, contractors and consultants at all reasonable times.
3.7.2 performance Schedule. Architect shall complete all work in accordance
with the milestones specified in Exhibit `D' Schedule of Performance. The schedule shall not be
exceeded by Architect without the prior written approval of Agency. If the Architect's Services
are not completed within the time provided in Exhibit 'D' the agreed upon performance
schedule, or any milestones established therein, it is understood, acknowledged and agreed
that the Agency will suffer damage for which the Architect will be responsible pursuant to the
indemnification provision of this Agreement.
3.7.3 Excusable Delays. Any delays In Architect's work caused by the following
shall be added to the time for completion of any obligations of Architect (1) the actions of
Agency or its employees; (2) the actions of those In direct contractual relationship with Agency;
(3) the actions of any governmental agency having Jurisdiction over the Project; (4) the actions
of any parties not within the reasonable control of the Architect; and (5) any act of God or other
unforeseen occurrence not due to any fault or negligence on the part of Architect Neither the
Agency nor the Architect shall be liable for damages, liquidated or otherwise, to the other on
account of such delays.
3.7.4 Request for Excusable Delay Credit. The Architect shall, within thirty (30)
calendar days of the beginning of any excusable delay (unless Agency grants in writing a further
period of time to file such notice prior to the date of final payment under the Agreement), notify
the Agency in writing of the causes of delay. Agency will then ascertain the facts and the extent
of the delay, and grant an extension of time for completing the Services when, in its sole
judgment, the findings of fact Justify such an extension. The Agency's findings of fact thereon
shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of
the Services affected by the delay and shall not apply to other portions of the Services not so
affected. The sole remedy of Architect for extensions of time shall be an extension of the
performance time at no cost to the Agency. If Additional Services are required as a result of an
excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services
provision of this Agreement. Should Architect make an application for an extension of time,
Architect shall submit evidence that the Insurance policies required by this Agreement remain in
effect during the requested additional period of time.
3.8 Additional Architect Services.
3.8.1 Request for Services. At Agency's request, Architect may be asked to
perform services not otherwise included in thls Agreement, not Included within the basic
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services listed in Exhibit 'A" attached hereto, and/or not customarily fumished in accordance
with generally accepted architectural practice.
3.8.2 Definition. As used herein, "Additional Services" mean: (1) any work
which is determined by Agency to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary for the Architect to perform
at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit "A"
attached hereto. Architect shall not perform, nor be compensated for, Additional Services
without prior written authorization from Agency and without an agreement between the Agency
and Architect as to the compensation to be paid for such services. Agency shall pay Architect
for any approved Additional Services, pursuant to the compensation provisions herein, so long
as such services are not made necessary through the fault of Architect pursuant to the
indemnification provision of this Agreement.
3.8.3 Examples of Atjpnal Services. Such Additional Services shall not
include any redesign or revisions to drawings, specifications or other documents when such
revisions are necessary in order to bring such documents into compliance with applicable laws,
rules, regulations or codes of which Architect was aware or should have been aware pursuant to
the laws and regulations provision of this Agreement above. Such Additional Services may
include, but shall not be limited to:
3.8.3.1 Separately BId Portions of Proiec . Plan preparation and/or
administration of work on portions of the Project separately bid.
3.8.3.2 Furniture and Interior Design. Assistance to Agency, if
requested, for the selection of moveable furniture, equipment or articles which are not included
in the Construction Documents.
3.8.3.3 Fault of Contract. Services caused by delinquency, default or
insolvency of contractor, or by major defects In the work of the contractor, provided that any
such services made necessary by the failure of Architect to detect and report such matters
when it reasonably should have done so shall not be compensated.
3.8.3.4 Inconsistent Approvals or Instructions. Revisions in drawings,
specifications or other documents when such revisions are inconsistent with written approvals or
Instructions prevlously given and are due to causes beyond the control of Architect.
3.8.3.5 Legal Proceedings. Serving as an expert witness on Agency's
behalf or attending legal proceedings to which the Architect is not a party.
3.8.3.6 Damage Reoalr. Supervision of repair of damages to any
structure.
3.8.3.7 Extra Enyjronrnental Services. Additional work required for
environmental conditions (e.g. asbestos or site conditions) not already contemplated within the
Architect's services for the Project.
3.9 Agency Responsibilities. Agency's responsibilities shall include the following:
3.9.1 Pata and Information. Agency shall make available to Architect all
necessary data and information concerning the purpose and requirements of the Project,
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including scheduling and budget limitations, objectives, constraints and criteria. As part of the
budget limitation information, the Agency shall provide the Architect with a preliminary
construction budget ("Agency's Preliminary Construction Budget").
3.9.2 ALTA Survey. Agency shall furnish Architect with, or direct Architect to
procure at Agency's expense, a survey of the Project site prepared by a registered surveyor or
civil engineer, any other record documents which shall indicate existing structures, land
features, Improvements, sewer, water, gas, electrical, utility lines, and boundary dimensions of
the site, and any other such pertinent Information.
3.9.3 Bid Phase. Distribute Construction Documents to bidders and conduct
the opening and review of bids for the Project.
3.9.4 Reauired inspections and Tests. Retain consuttant(s) during construction
to conduct materials testing and inspection or environmental/hazardous materials testing and
inspection pursuant to any applicable laws, rules or regulations.
3.9.5 Fees of Reviewing or Licenslna Agencies. Directly pay or reimburse the
payment of all fees required by any reviewing or licensing agency, or other agency having
approval jurjsdictlon over the Prolect.
3.9.8 Agencv's Representative. The Agency hereby designates the Agency
Manager, or his or her designee, to act as its representative for the performance of this
Agreement ("Agency's Representative"). Agency's Representative shall have the power to act
on behalf of the Agency for all purposes under this Contract. The Agency Manager hereby
designates Catherine Walker, Senior Management Analyst, or his or her designee, as the
Agency's contact for the implementation of the Services hereunder. Contractor shall not accept
direction or orders from any person other than the Agency's Representative or his or her
designee.
3.9.7 Review and Approved Documents. Review all documents submitted by
Architect, including change orders and other matters requiring approval by the Agency's
governing board or other officials. Agency shall advise Architect of decisions pertaining to such
documents within a reasonable time after submission, so as not to cause unreasonable delay as
provided in the excusable delay provisions of this Agreement above.
3.10 Compensation.
3.10.1 Architect's Compensation for Basic Services. Agency shall pay to
Architect, for the performance of all Services rendered under this Agreement, the total not to
exceed amount of Seven hundred and thirty four thousand, four hundred and fifty dollars.
($ 734,450) ('Total Compensation"). The Total Compensation shall constitute complete and
adequate payment for Services under this Agreement.
3.10.2 Payment for Additional Services. At any time during the term of this
Agreement, Agency may request that Architect perform Additional Services. As used herein,
Additional Services means any work which is determined by Agency to be necessary for the
proper completion of the Project, but which the Parties did not reasonably anticipate would be
necessary at the execution of this Agreement. If authorized, such Additional Services will be
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compensated at the rates and In the manner set forth in Exhibit "C" attached hereto and
Incorporated herein by reference, unless a flat rate or some other form of compensation is
mutually agreed upon by the parties. If Agency requires Architect to hire consultants to perform
any Additional Services, Architect shall be compensated therefore at the rates and In the
manner set forth In Exhibit "C" attached hereto and Incorporated herein by reference, unless a
flat rate or some other form of compensation is mutually agreed upon by the parties. Agency
shall have the authority to review and approve the rates of any such consultants. In addition,
Architect shall be reimbursed for any expenses incurred by such consultants pursuant to the
terms and conditions of Section 3.10.3.
310.3 Reimbursable Expenses. Reimbursable expenses are in addition to
compensation for the Services and Additional Services. Architect shall not be reimbursed for
any expenses unless authorized In writing by Agency, which approval may be evidenced by
inclusion in Exhibit "C" attached hereto. Such reimbursable expenses shall include only those
expenses which are reasonably and necessarily incurred by Architect in the interest of the
Protect. Architect shall be required to acquire prior written consent in order to obtain
reimbursement for the following: (1) extraordinary transportation expenses incurred in
connection with the Project; (2) out-of-town travel expenses incurred In connection with the
Project; (3) fees paid for securing approval of authorities having jurisdiction over the Project; (4)
bid document duplication costs in excess of $1.000; and (5) other costs, fees and expenses in
excess of $1,000.
3.10.4 Payment to Architect. Architect's compensation and reimbursable
expenses shall be paid by Agency to Architect no more often than monthly. Such periodic
payments shall be made based upon the percentage of work completed, and in accordance with
the phasing and funding schedule provided In Exhibit "B" and the compensation rates Indicated
in Exhibit "C" attached hereto and incorporated herein by reference. In order to receive
payment, Architect shall present to Agency an itemized statement which Indicates Services
performed, percentage of Services completed. method for computing the amount payable, and
the amount to be paid. The statement shall describe the amount of Services provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement, as well as those expenses for which reimbursement is
requested for that statement period. The amount paid to Architect shall never exceed the
percentage amounts authorized by the phasing and funding schedule located in Exhibit "B"
attached hereto. Agency shall, within thirty (30) days of receiving such statement. review the
statement and pay all approved charges thereon pursuant to the provisions of Civil Code
Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable
manner.
Payments made for Additional Services shall be made in Installments, not more
often than monthly, proportionate to the degree of completion of such services or in such other
manner as the parties shall specify when such services are agreed upon, and in accordance
with any authorized fee or rate schedule. In order to receive payment, Architect shall present to
Agency an itemized statement which indicates the Additional Services performed, percentage of
Additional Services completed, method for computing the amount payable, and the amount to
be paid. The statement shall describe the amount of Additional Services provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. Agency shall, within thirty (30) days of receiving such
statement, review the statement and pay ail approved charges thereon pursuant to the
provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a
mutually agreeable manner.
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SUCCESSORAGENCY T TBS M,M D AGENCY
PAIMMIRT HOOSINGAMONTY
PROVISSIONAL SILVICB ADDITIONAL SIRVI 1S
Contract Purpose
Consultant's Name
Address:
Architectural Services for Carlos Ortega Villas
Interactive Design Corporation
199 South Civic Drive, Suite 10
Palm Springs, CA 92262
You are hereby requested to comply with the following changes from the
DESCRIPTION OF CHANGES
FAA and Riverside County Airport Land Use Commission review
Palm Desert Country Club Villas HOA mutuall drive access agreement
Evaluation of existing perimeter walls
Storm water drainage modification between buildings
Property ownship / final map
AB 1484, Elimination of Redevelopment Agencies
Contract # / P.O. # R29410A I 17371
Additional 4
Services No.
Contingency: YES X I NO
Account No. 703-8691-466-4001
Project No.
Vendor No. 326
contract plans and specifications:
DECREASE INCREASE
In Contract Price In Contract Price
$2,450.00
$9,953.25
$7,148.00
$10,745.50
$0
$10,630.18
TOTALS:
NET ADDITIONALSERVICES PRICE:
JUSTIFICATION: Identify location of underground utilities to mitigate potential construction delays.
TOTAL BUDGET FOR PROJECT: + 846,172.00
Less: Expend. & Encumb. To Date: 791,472.00
Less: This Change Order Amount: 40,926.93
BALANCE OF BUDGET
REMAINING FOR PROJECT: 13,773.07
$40,926.93
$40,926.93
CONTINGENCY:
Amount Approved by Authority: + 75,000.00
Less: PriorAmendment(s): 32,800.00
Less: This Amendment: 40,926.93
Balance Remaining of Contingency: 1,273.07
The amount of the Contract will be (Decreased) Increased by the Sum of: Fortv-one thousand nine hundred
and thirty six and 98/100 Dollars ($41,936.98).
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Contract R29410A Additional Services (AS) 4 Continued from front
This AS covers changes to the subject contract as described herein. The consultant shall perform all work as
necessary or required to complete the AS items for a lump sum price agreed upon between the Consultant and the
Palm Desert Housing Authority, otherwise referred to as Owner.
Contract Time Extension
-0- Days.
Revised Contract Total $803,972.00
The undersigned Consultant approves the foregoing AS # 4 as to the changes, if any, in the contract price specified
for each item including any and all supervision costs and other miscellaneous costs relating to the AS, and as to the
extension of time allowed, if any, for completion of the entire work on account of said AS # 4 . The Consultant
agrees to furnish all labor and materials and perform all other necessary work, inclusive of that directly or indirectly
related to the approved time extension, required to complete the AS items. This document will become a supplement
of the contract and all provisions will apply hereto. It is understood that the AS shall be effective when approved by the
Owner.
Execution of this AS by the Consultant constitutes a binding accord and satisfaction that fully satisfies, waives, and
releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity, arising out of or related
to the subject of the AS, whether known or unknown, including but not limited to direct and indirect costs and/or
damages for delay, disruption, acceleration, and Toss of productivity, as well as any and all consequential damages.
This document will become a supplement to the Contract as permitted in Sections 3.8 and 3.10.2 and all provisions
will apply hereto, all items included above must have required signatures as per the purchase resolution.
1. REQUESTED BY: 2. ACCEPTED BY:
3. CERTIFIED
FUNDS AVAILABLE:
EXECUTIVE DIRECTOR
FINANCE DIRECTOR
NOTE: No payments will be made
prior to Executive Director and
Housing Authority approval
CONSULTANT Date Accepted
APPROVED BY:
JAN C. HARNIK, CHAIRMAN 10/7/2013
SECRETARY 10/7/2013
G \rda\Heather Buck Carlos Ortega Villas\Stf Rpt\IDC Addl Svc No 4\Carlos Ortega Villas AddlSrvc No 4-HAa doc
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